N.N. MANJAPPA Vs. NAGAIAH ALIAS

JUDGEMENT

(1.) The plaintiff is before this Court in this writ petition filed under Article 227 of Constitution of India seeking for the following reliefs:-

(2.) Heard the learned counsel for the petitioner, learned counsel for the respondent and learned Addl. Government Advocate for the State.

(3.) The plaintiff had filed O.S.No.94/2020 before the jurisdiction civil Court at Channarayapatna seeking the relief of specific performance of the agreement dtd. 15/4/2010 and the defendant after entering appearance in the said suit had filed a detailed written statement. The defendant had also raised objection before the Trial Court regarding insufficiency of stamp duty paid on the agreement for sale dtd. 15/4/2010 and considering the objection raised on behalf of the defendant, the Trial Court vide the order dtd. 14/12/2021 had directed the plaintiff to pay stamp duty on the agreement for sale dtd. 15/4/2010 provided under Article 5(e)(i) of the Karnataka Stamp Act, 1957 (for short, the 'Act'). Pursuant to the said order, the document was referred to the competent authority who had determined the deficit stamp duty and penalty payable as Rs.1,29,800.00. It appears that subsequently the plaintiff had paid the deficit stamp duty and penalty before the Trial Court on 9/1/2023 and thereafter further objection was raised by the defendant stating that competent authority had erred in holding that the petitioner was liable to pay stamp duty as provided under Article 5(e)(ii) of the Act which the Trial Court in its earlier order had specifically held that the petitioner was liable to pay stamp duty under Article 5(e)(i) of the Act while the Trial Court thereafter had passed the order dtd. 30/9/2023 and has held that the plaintiff is liable to pay balance deficit stamp duty plus penalty at Rs.3,49,404.00 on the agreement for sale dtd. 15/4/2010 and being aggrieved by the aforesaid two orders dtd. 30/9/2023 and 14/12/2021 the petitioner / plaintiff is before this Court.